Basic information
Outline of the system
The importation of weapons including, daggers, crowd control goods and laser pointers are regulated by the Customs Act 1901 and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations).
Product coverage
The goods covered are weapons, crowd control goods and laser pointers as specified at Schedule 13 of the PI Regulations 1956 (the Regulations), and firearms, firearm accessories, firearm parts, firearms magazines, ammunition, components of ammunition and imitation firearms as specified in Schedule 6 of the Regulations.
The importation of goods specified in Schedule 13 of the PI Regulations is prohibited unless the written permission of the Minister for Home Affairs, or an authorised person, is granted. Permission to import Schedule 13 of the PI Regulations weapons may be granted on the basis that certain conditions or requirements are met, such as the goods will only be supplied to law enforcement agencies and the importer holds the appropriate state or territory licence to possess the goods. Applications for permission to import Schedule 13 weapons are processed through the Australian Border Force (ABF). Some goods specified in Schedule 13 may be imported with certification from the police in the state or territory of residence.
The importation of goods specified in Schedule 6 of the PI Regulations is prohibited unless the conditions, restrictions or requirements specified are complied with and the written permission of the relevant authority is granted. Applications for the import of firearms and firearm-related articles are processed either by the Attorney General's Department (where import permission can be granted by the relevant Commonwealth Minister or their delegate) or the relevant State or Territory policing agency. Generally speaking, firearms and firearm-related articles falling to lesser import controls can be imported with police certification, while the more highly controlled items require a Commonwealth (Attorney-General's Department) import permit.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The PI Regulations are not intended to restrict the quantity or volume of imports. Importers must specify the quantity of goods when seeking to apply for single import permission. Ongoing permits can be issued for Schedule 13 goods for projects requiring multiple shipments of goods over a specified period of time.
Controls on importation have been introduced as a community protection measure. The monetary value is not a criterion for control.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The regulations apply to importations from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on the importation of the specified goods is a statutory requirement under the PI Regulations made under the Customs Act 1901.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The application form for Schedule 13 goods can be found at: https://www.abf.gov.au/form-listing/forms/b710.pdf.
The application form for Schedule 6 goods can be found at: https://firearms.homeaffairs.gov.au/
Importers must contact their state or territory police firearms registry when importing items under police certification.
What documents is the importer required to supply with the application?
Applications must be made in writing to the relevant authority. The application must include supporting documentation showing the importation complies with the relevant conditions, restrictions or requirements specified. This generally includes confirmation that the goods can be possessed or sold in the relevant State or Territory.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application must be made in advance of arrival of the goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Permits may be issued at any period of the year.
Issuing the license
Can a licence be granted immediately on request?
Applications for permission to import can be processed immediately provided all information is available and the application is considered to be urgent. Permission itself cannot be granted immediately, as the decision-maker must consider whether the importation meets the requirements specified in the Regulations before giving written permission.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Where the Commonwealth is the relevant authority for issuing an import permit, the Minister or their delegate may also require state or territory approval for the possession and sale of the goods.
Must the applications be passed on to other organs for visa, note or approval?
Applications for import permits required under Schedule 13 are processed by the ABF or the relevant state or territory Police where appropriate. Applications for import permits required under Schedule 6 are processed by the Attorney's General's Department, or the relevant State or Territory policing where appropriate.
Are there any other conditions attached to the issue of a licence?
The importation of a weapon or weapon part is also subject to the conditions (if any), set out in Part 3 of Schedule 13. Similarly, the importation of a firearm or firearm-related article is also subject to the conditions (if any), set out in Part 3 of Schedule 6.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The relevant authority that grants import permission may specify a time period for the validity of the permission.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no penalty for the non-utilisation of an import permit.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Application for permission to import can be refused at the discretion of the relevant Minister, (or their delegate) or police representative.
Are the reasons for any refusal given to applicants?
Reasons for refusal are given to applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants refused permission to import may, appeal the decision-making process the Administrative Decisions (Judicial Review) Act 1977.
If so, to what bodies and under what procedures?
Depending on the circumstance, appeal may be made under the Administrative Decisions (Judicial Review) Act 1977 or via judicial review applications made to the Federal Court.
Importation
Are there any limitations as to the period of year during which importation may be made?
Permits may be issued at any period of the year.
What documents are required upon actual importation?
A copy of the permission from the relevant authority is required upon importation.
There is no licensing fee for applying to the Attorney General's Department for an import permit. There is similarly no charge when an import application is subsequently approved or denied.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Permits and licenses are not transferable between importers.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Conditions may be imposed on the import permit, and exact quantities subject to the import are specified.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.